Job Recruitment Website - Property management - The contract for renting parking spaces is 60 years, but the law stipulates that the longest lease period can only be 20 years. If there is a contract dispute, how to determine that the contract is in
The contract for renting parking spaces is 60 years, but the law stipulates that the longest lease period can only be 20 years. If there is a contract dispute, how to determine that the contract is in
1. According to Article 52 of the Contract Law of People's Republic of China (PRC), this contract is invalid under any of the following circumstances:
(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;
(2) Malicious collusion that harms the interests of the state, the collective or a third party;
(3) Covering up illegal purposes in a legal form;
(4) damaging the public interest;
(5) Violating the mandatory provisions of laws and administrative regulations.
2. If one party fails to perform the non-monetary debt or the performance of the non-monetary debt is not in conformity with the agreement, the other party may require it to be performed, except in law or in fact: if the contract cannot be performed due to force majeure, it shall be exempted from liability in part or in whole according to the influence of force majeure, except as otherwise provided by law;
3. An invalid contract or a cancelled contract is not legally binding from the beginning. If part of the contract is invalid and does not affect the validity of other parts, the other parts are still valid. The invalidity, cancellation or termination of the contract shall not affect the effectiveness of the independent clauses on dispute settlement in the contract;
4. After the contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear their respective responsibilities.
Extended data:?
1. After the contract comes into effect, the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract. If one party fails to perform the contractual obligations or does not meet the contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses;
2. If one party explicitly expresses or shows by its own behavior that it will not perform its contractual obligations, the other party may require it to bear the liability for breach of contract before the expiration of the performance period. If one party fails to pay the price or remuneration, the other party may require it to pay the price or remuneration;
3. If force majeure occurs after the delay in performance, the parties shall not be exempted from their responsibilities. If one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party still suffers other losses, it shall compensate for the losses.
Reference source:? China Government Network-People's Republic of China (PRC) Contract Law
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